The purpose and intent of this article is as follows:
(1) Stabilizing
ecological balance.
To aid in stabilizing the environment’s
ecological balance by contributing to the processes of air purification,
oxygen regeneration, ground water recharge, and stormwater runoff
retardation, while at the same time aiding in noise, glare and heat
abatement.
(2) Retention
of native vegetation.
To ensure that the local stock
of native trees and vegetation is retained and replenished.
(3) Adequate
light and air.
To assist in providing adequate light
and air and in preventing overcrowding of land.
(4) Visual
buffering.
To provide visual buffering and enhance the
beautification of the city.
(5) Enhancement
of property values.
To safeguard and enhance property
values and to protect public and private investment.
(6) Economic
base.
To preserve and protect the unique identity and
environment of the city and to preserve the economic base attracted
to the city by such factors.
(7) Conservation.
To conserve energy.
(8) Protection.
To protect the public health, safety and general welfare.
(Ordinance 1133, § 1(7-100), 3-22-94)
This article specifies the standards for the treatment of open
space in a manner so as to promote safety, preserve property value,
promote the general welfare of the city, and to enhance the aesthetic
quality of the community.
(Ordinance 1133, § 1(7-200), 3-22-94)
Except as otherwise provided below, these regulations shall
apply to all land within the city. Such landscaping standards shall
become applicable at such times as an application for a building permit
is made. These requirements remain with any subsequent owner.
(1) Exemptions.
These requirements shall not apply to building permits for the
following:
a. Land
in planned development districts having a specifically approved landscape
plan;
b. Substantial
restoration within a period of 12 months for a building which has
been damaged by fire, explosion, flood, tornado, riot or calamity
of any kind;
c. Remodeling
as long as the front and side exterior walls of the building remain
in the same position.
(2) Prior
approvals.
Where a specific landscape plan has been approved
prior to the effective date of this chapter, the landscaping requirements
of the city in effect at the time of such approval shall apply.
(Ordinance 1133, § 1(7-201), 3-22-94)
All one- and two-family dwellings shall have installed not less
than 14 locally adapted shrubs and two two-inch caliper locally adaptable
large trees. Such required landscaping shall be located within the
front yard and be in a thriving condition at time of final inspection
of the main structure.
(Ordinance 1133, § 1(7-202), 3-22-94)
(a) Area
required.
On all lots, not less than 15 percent of the
area of the street yard shall be landscaped area. All of the required
landscaped area shall be located in the street yard and parking lots.
(b) Trees
required.
At least one large tree of at least three inches
in caliper and 12 feet in initial height shall be provided as follows:
(1) Street yards less than 10,000 square feet. In street yards of less
than 10,000 square feet, one tree per 1,000 square feet, or fraction
thereof, of street yard shall be maintained.
(2) Street yards between 10,000 and 100,000 square feet. In street yards
of more than 10,000 square feet and not more than 100,000 square feet,
not less than ten trees plus one tree per 2,000 square feet, or fraction
thereof, of street yard area over 10,000 square feet shall be maintained.
(3) Street yards of more than 100,000 square feet. In street yards of
more than 100,000 square feet, not less than 55 trees plus one tree
per 4,000 square feet, or fraction thereof, of street yard area over
100,000 shall be maintained.
(4) Credit for existing trees. An existing or planted tree of at least
six inches in diameter and at least 15 feet in height shall be considered
as two trees for purposes of satisfying this requirement. All existing
trees used to satisfy the minimum required number of trees shall be
maintained in an undisturbed permeable area contained within the dripline
of the tree.
(5) Ornamental trees. In lieu of one large tree, two small trees (as
listed on the plant list contained herein) may be used. Said small
trees shall be a minimum of six feet in height at the time of planting.
Not more than 50 percent of the required large trees may be substituted
by installing ornamental trees at a rate of two ornamental trees to
one large tree. All newly planted trees shall be planted in permeable
area of not less than three feet in diameter.
(c) Shrubbery
required.
Placement of shrubbery shall be taken into
consideration as to the plant at full maturity, and be located so
as not to conflict with vehicular or pedestrian traffic visibility.
Shrubbery shall be provided as follows:
(1) Street yards of less than 10,000 square feet. In street yards of
less than 10,000 square feet, not less than one shrub shall be maintained
for every 50 square feet of the area required to be landscaped.
(2) Street yards between 10,000 and 100,000 square feet. In street yards
having at least 10,000 and not more than 100,000 square feet, 30 shrubs
plus one shrub per 100 square feet of required landscaped area over
1,500 square feet shall be provided.
(3) Street yards more than 100,000 square feet. In street yards of more
than 100,000 square feet, not less than 165 shrubs plus one shrub
per 500 square feet of required landscaped area over 15,000 square
feet shall be maintained.
(d) Ground
cover required.
Ground cover shall be provided as follows:
(1) Street yards less than 10,000 square feet. In street yards of less
than 10,000 square feet, not less than ten percent of the land area
required to be landscaped shall be maintained in ground cover.
(2) Street yards 10,000 square feet or more. In street yards of 10,000
square feet or more, not less than 150 square feet of ground cover
plus five percent of the required landscaped area over 1,500 square
feet (up to 4,000 square feet) shall be maintained in ground cover.
The remaining landscaped area shall be maintained in lawn grass
and bedding plants, with mulch used around bedding plants, shrubs
and trees. All ground cover areas shall be kept clear of weeds and
undergrowth.
|
(e) Parking
lots and vehicular use areas.
A minimum amount of the
total area of all vehicular use areas shall be devoted to landscaped
islands, peninsulas or medians.
(1) Street yard area.
The minimum total area in such islands,
peninsulas and medians in the street yard shall be 90 square feet
for each 12 parking spaces. Landscape islands, peninsulas and medians
located in the street yard may be included in calculating the minimum
required landscape in the street yard.
(2) Nonstreet yard area.
The minimum total area in such
islands, peninsulas and medians in the nonstreet yard shall be 60
square feet for each 12 parking spaces.
(3) Distribution of islands, medians, and peninsulas.
The
number, size, and shape of islands, peninsulas, and medians, in both
street and nonstreet yards shall be at the discretion of the applicant.
All required islands, peninsulas and medians shall be more or less
evenly distributed throughout such parking areas, respectively; however,
the distribution and location of landscaped islands, peninsulas, and
medians may be adjusted to accommodate existing trees or other natural
features so long as the total area requirements for landscaped islands,
peninsulas, and medians for the respective parking areas above is
satisfied.
(f) Indiscriminate
clearing prohibited.
The existing natural landscape character
(especially native oak, elm and pecan trees) shall be preserved to
the extent reasonable and feasible. In an area of the street yard
containing a stand of trees, the applicant shall use best good faith
efforts to preserve such trees. In determining compliance with this
subsection, the administrator shall consider topographical constraints
on design, drainage, access and egress, utilities, and other factors
reasonably related to the health, safety and welfare of the public
which necessitated disturbance of the existing natural character;
the nature and quality of the landscaping installed to replace it;
and such other factors as may be relevant and proper. Indiscriminate
clearing or stripping of the natural vegetation is prohibited.
(g) Irrigation.
All required landscaping shall be irrigated by an underground
irrigation system approved by the administrator.
(h) Erosion
control.
All impervious areas shall be maintained with
groundcover and shrubbery in a manner to control erosion.
(i) Protection.
All required landscaped areas which are adjacent to pavement
shall be protected with concrete curbs or equivalent barriers (such
as railroad ties, continuous border plants or hedgerows).
(j) Obstruction
prohibited.
Landscaping shall not be located or placed
to obstruct any emergency equipment such as fire hydrants and sprinkler
system connections, etc., nor shall landscaping be placed in a manner
to obstruct emergency ingress/egress access to the building. Landscaping
shall not obstruct views between the street and access drives or parking
aisles near street yard entries and exits, nor shall any landscaping
obstruct views within the radius of any curb return. Sight triangles
shall be provided within the property at all driveways and street
intersections. Sight triangles shall be eight feet by 70 feet with
the eight-foot leg within the property along the driveway.
(k) Maintenance.
All required landscaping shall be maintained in a neat and orderly
manner at all times. This shall include mowing, edging, pruning, fertilizing,
watering, weeding, and other such activities common to the maintenance
of landscaping.
Landscaped areas shall be kept free of trash, litter, weeds,
and other such materials or plants not a part of the landscaping.
All plant material shall be maintained in a healthy and growing condition
as is appropriate for the season of the year. Plant material which
dies shall be replaced with plant material of similar variety and
size.
(l) Right-of-way.
Landowners are encouraged to landscape nonpaved publicly-owned
street right-of-way abutting their land. Provided, however:
(1) Removal of landscaping.
The city may at any time remove
or require the landowner to remove any landscaping located within
any right-of-way or public easement for the purpose of public safety,
access to utilities and to perform any public improvements within
said right-of-way or public easement.
(2) Traffic regulations.
Such landscaping in the right-of-way
shall observe established rules and regulations pertaining to traffic
and pedestrian safety.
(m) Parking
lot lighting.
Landscape provided in vehicular and pedestrian
use areas shall be designed so that the maturing of the landscaping
will not conflict with the lighting scheme.
(n) Recommended
plants.
All plants used to satisfy this chapter shall
be of a species common or adaptable to this area of Texas. The following
is a list of recommended plants within each plant material type. The
applicant may propose plants other than those listed if the plant
is appropriate for the intended use.
Recommended Plants
|
---|
|
---|
Large Trees
|
---|
Common Name
|
Botanical Name
|
Comments
|
Evergreen?
|
Height
|
Growth
|
Water
|
---|
Afghan Pine
|
Pinus eldarica
|
Fast growing, drought tolerant
|
No
|
25–50'
|
Rapid
|
Mod
|
Bald Cypress
|
Taxodium distichum
|
Likes wet feet, fall color
|
No
|
50'+
|
Mod
|
Moist
|
Bradford Pear
|
Pyrus calleryana “Bradford”
|
Shiny foliage, disease resistant
|
No
|
25–50'
|
Mod
|
Mod
|
Bur Oak
|
Quercus macrocarpa
|
Nice branching shade tree
|
No
|
50'+
|
Rapid
|
Mod
|
Cedar Elm
|
Ulmus crassifolia
|
Nice for shade
|
No
|
25–50'
|
Mod
|
Mod
|
Lacebark Elm
|
Ulmus parvifolia
|
Fast growth, disease resistant
|
No
|
25–50'
|
Rapid
|
Mod
|
Live Oak
|
Quercus virginiana
|
Long lived
|
Yes
|
25–50'
|
Slow
|
Dry
|
Pecan
|
Carya Illinoensis
|
Texas state tree, great for shade
|
No
|
70'
|
Mod
|
Moist
|
Pistache
|
Pistachia chinenesis
|
Fall color, rapid growth
|
No
|
25'
|
Rapid
|
Mod
|
Red Oak
|
Quercus Shumardii
|
Red fall color excellent shade
|
No
|
50'+
|
Rapid
|
Mod
|
Southern Magnolia
|
Magnolia grandiflora
|
Large evergreen
|
Yes
|
60–70'
|
Mod
|
Moist
|
Small Trees
|
---|
Common Name
|
Botanical Name
|
Comments
|
Evergreen?
|
Height
|
Growth
|
Water
|
---|
Crape Myrtle
|
Lagerstroemia indica
|
Summer blooms in many colors
|
No
|
<25'
|
Rapid
|
Mod
|
Japanese Black Pine
|
Pinus thunbergi
|
Evergreen ornamental
|
Yes
|
<25'
|
Mod
|
Mod
|
Mexican Plumb
|
Plumus mexicana
|
Bright white flowers
|
No
|
<25'
|
Mod
|
Mod
|
Purpleleaf Plum
|
Prunus cerasifera
|
Purple foliage, flowers in spring
|
No
|
<25'
|
Rapid
|
Mod-dry
|
Redbud
|
Cercis canadensis
|
Pink flowers in spring
|
No
|
<25'
|
Mod
|
Mod
|
Yaupon Holly
|
Ilex vomitoria
|
Very hardy, great in small areas
|
Yes
|
<25'
|
Rapid
|
Mod-dry
|
Shrubs
|
---|
Common Name
|
Botanical Name
|
Comments
|
Evergreen?
|
Height
|
Growth
|
Water
|
---|
Dwarf Burford Holly
|
Ilex cornuta “Bufordii nana”
|
Shiny green leaf
|
Yes
|
5'
|
Mod
|
Mod
|
Dwarf Chinese Holly
|
Ilex cornuta “Rotunda”
|
Low rounded growth, tough
|
Yes
|
3'
|
Slow
|
Mod
|
Dwarf Yaupon
|
Ilex vomitoria “nana”
|
Dense rounded growth
|
Yes
|
3'
|
Slow
|
Mod
|
Flowering Quince
|
Chanomeles “Texas Scarlet”
|
Red flower, early spring
|
No
|
6'
|
Mod
|
Mod
|
Forsythia
|
Forsythia intermedia
|
Yellow flower in early spring
|
No
|
6'
|
Mod
|
Mod
|
Japanese Barberry
|
Berberis thunbergi
|
Thorns, red foliage
|
Yes
|
2–5'
|
Slow
|
Mod
|
Nandina
|
Nandina Domestica
|
Red winter foliage
|
Yes
|
6'
|
Rapid
|
Mod
|
Pampas Grass
|
Cordateria Selloana
|
Fall flower
|
Yes
|
6'
|
Rapid
|
Mod
|
Photinia
|
Photinia Fraseri
|
Tall, red foliage spring/fall
|
Yes
|
15'
|
Rapid
|
Mod
|
Sea Green Juniper
|
Juniperus Chinensis “Sea Green”
|
Arching growth
|
Yes
|
6'
|
Mod
|
Mod
|
Spiraca
|
Spiraca prunifolia
|
White flower, April-May
|
No
|
6'
|
Mod
|
Mod
|
Tam Juniper
|
Juniperus sabina “Tam”
|
Low growth, tolerates heat
|
Yes
|
5'
|
Mod
|
Dry
|
Texas Sage
|
Leucophyllum frutescens “nana”
|
Gray foliage, blooms after rain
|
Yes
|
6'
|
Slow
|
Mod-dry
|
Ground Covers
|
---|
Common Name
|
Botanical Name
|
Comments
|
Evergreen?
|
Height
|
Growth
|
Water
|
---|
Asian Jasmine
|
Trachelospermum asiaticum
|
Rapid spread
|
Yes
|
1.5'
|
Rapid
|
Mod
|
Euonymus Coloratus
|
Euonymus fortunei “coloratus”
|
Winter color
|
Yes
|
1.5'
|
Mod
|
Mod
|
Juniper Species
|
Jun. horizontalis, procumbens
|
Tolerates heat/drought
|
Yes
|
1.5'
|
Slow
|
Mod
|
Mondo Grass
|
Ophiopogon japonicus
|
Small dark leaves
|
Yes
|
8"
|
Rapid
|
Mod
|
Monkey Grass
|
Liriope muscari
|
Hardy, blue flower
|
Yes
|
1.5'
|
Rapid
|
Mod
|
Vinca/ Periwinkle
|
Vinca Minor
|
Shade, blue flowers
|
No
|
1.5'
|
Rapid
|
Mod
|
(Ordinance 1133, § 1(7-202), 3-22-94; Ordinance 1170, § I, 4-11-95)
(a) Landscape
plan required.
A landscape plan shall be required containing
the following information:
(1) Date, graphic scale, north arrow, title and name of applicant/owner.
(2) Location of existing boundary lines and dimensions of the tract.
(3) Approximate centerline of existing water courses; location of significant
drainage features; and the location and size of existing and proposed
streets, alleys, utility and emergency access easements and sidewalks.
(4) Location, size, and type (tree, shrub, groundcover or grass) of landscaping
in proposed areas and location and size of proposed landscaped areas.
(5) Location and species of existing trees having trunks of six inches
or larger in diameter and the approximate size of their crowns.
(6) Information necessary for verifying the required minimum amount of
landscaped area.
(7) Plans for protecting retained existing trees from damage during construction.
(8) Location and size of the proposed irrigation system.
(b) Professional
requirement.
Landscape plans for projects which incorporate
over two acres of lot area shall be prepared and signed by a licensed
professional landscape architect. All irrigation plans shall be prepared
and signed by a licensed irrigator or other professional authorized
by the state to design such systems.
(c) Plan
approval.
Landscaping and irrigation shall be installed
in accordance with plans approved by the administrator. Should the
administrator deny a landscaping scheme for noncompliance with the
requirements the applicant, may, within seven days of the decision,
appeal that decision to the planning and zoning commission. The planning
and zoning commission shall be the final judge as to whether the proposed
landscape plans complies with the intent of these regulations. However,
not less than three-quarters of all the members of the planning and
zoning commission shall be required to overturn the decision of the
administrator.
(d) Fee
required.
An inspection fee in an amount set by council
shall be collected by the administrator at the time of application
of a building permit.
(e) Fiscal
arrangements.
If, at the time of an application for a
certificate of occupancy, required landscaping is not yet in place
for seasonal consideration, the applicant shall make fiscal arrangements
(by bond, certificate of deposit, or letter of credit) satisfactory
to the city in the amount of $2.00 per square foot of required landscaping
not yet in place to ensure that such shall be installed. Any applicant
making such fiscal arrangements shall also grant to the city license
to enter upon the land for the purposes of installing the required
landscaping in the event that such landscaping is not installed by
the applicant within nine months. Such fiscal arrangements shall be
for a period of not less than 12 months.
(Ordinance 1133, § 1(7-203), 3-22-94)
(a) Applicability.
These regulations shall apply to all land within the city. Such
screening regulations shall become applicable upon any change of use,
ownership, occupancy or at such time as a building permit is applied
for except as otherwise specified by this chapter.
(b) Types
of screening (in general).
Where required, screening
fences and walls shall be erected to a height not less than six feet
and provide a visual barrier from adjacent properties and streets.
Such screening shall be permanently and adequately maintained by the
owner of the property on which the screening is required. Except for
the landscape buffer, no screening fence or wall shall have more than
40 square inches of openings over any one square foot of fence or
wall surface. Only the following types of screening shall qualify
as meeting the requirements of this chapter.
(1) Landscaped buffer.
This type of screening shall consist
of a landscaped strip of not less than five feet in width and shall
include hedgelike shrubbery of evergreen planting material capable
of obtaining a minimum height of six feet within the first three years
of initial planting. Such evergreen planting material shall be planted
at a minimum spacing of four feet on centers and be a minimum height
of two and one-half feet at initial planting. An automatic underground
drip irrigation or sprinkler system shall be provided for all required
landscaped buffer screens. Any landscaped buffer required by this
code shall be maintained in a healthy, thriving condition.
(2) Screening fence.
Fencing may consist of a solid wood
panel or a galvanized metal chainlink fence with all-weather slats
interwoven into the metal fabric. Such fencing shall be constructed
on metal posts and placed in concrete footings with bracing. When
a screening fence is required, a ribbed metal panel fence or masonry
wall as described below may be used.
(3) Ribbed metal panel fence.
A ribbed metal panel fence
shall be suitably finished to blend with the primary structure and
shall be erected on a structurally sound metal frame set in concrete.
When a ribbed metal panel fence is required, a masonry wall described
below may be used.
(4) Masonry wall.
A masonry fence or wall shall be constructed
with the finish side out and of any of the following materials: native
stone, brick, precast concrete panels with decorative finish or decorative
masonry unit. In no case shall more than 25 percent of the area of
the wall be erected with common smooth faced masonry units. Masonry
wall panels must be engineered with structural concrete footings.
Steel lintels shall be required for thin wall construction. Brick
detailing shall be added to the top of a masonry wall to produce a
change in texture and plane, and offsets shall be created in the wall
to provide visual variety. Masonry columns must be installed at a
maximum of 30 feet on centers, shall be taller than the rest of the
wall, and shall have decorative caps.
(c) Screening
of satellite reception dishes.
All ground-mounted satellite
television reception dishes greater than eight feet in diameter and
authorized herein without special use permit, wherever located, shall
be visually screened on all sides by a five-foot wide landscaped buffer
as described by section (b)(1) above.
(d) Screening
required between uses and dissimilar districts.
Screening
between an incoming use and a less intensive zoning district shall
be provided prior to occupancy of the incoming use. Uses not specifically
listed shall comply with the screening requirements for the listed
use it most closely resembles. Said screening shall comply with the
following table.
Table 7-A. Minimum Screening Between Uses and Districts
|
---|
|
|
Incoming Use
|
---|
|
|
Single-Family Detached
|
Single-Family Attached
|
Duplex
|
Modular or Mobile Home
|
Town House
|
Multi-Family
|
Office Retail Service
|
Ware-house/ Storage
|
Manu-facturing Assembly
|
---|
|
|
SFD
|
SFA
|
DUP
|
MH
|
TH
|
MF
|
COMM
|
WH
|
MFG
|
---|
A
|
R-1C
|
None
|
b
|
b
|
a & b
|
a & b
|
a & d
|
a & d
|
a & d
|
a & d
|
D
|
R-1
|
None
|
b
|
b
|
a & b
|
a & b
|
a & d
|
a & d
|
a & d
|
a & d
|
J
|
R-1L
|
None
|
b
|
b
|
a & b
|
a & b
|
a & d
|
a & d
|
a & d
|
a & d
|
A
|
R-1A
|
None
|
None
|
b
|
b
|
b
|
a & b
|
a & b
|
a & d
|
a & d
|
C
|
R-2
|
None
|
None
|
None
|
b
|
b
|
a & b
|
a & b
|
a & d
|
a & d
|
E
|
MH
|
None
|
None
|
None
|
None
|
b
|
a & b
|
a & b
|
a & d
|
a & d
|
N
|
R-3
|
None
|
None
|
None
|
None
|
None
|
b
|
a & b
|
a & d
|
a & d
|
T
|
R-4
|
None
|
None
|
None
|
None
|
None
|
None
|
a
|
a & c
|
a & c
|
|
R-5
|
None
|
None
|
None
|
None
|
None
|
None
|
a
|
a & c
|
a & c
|
Z
|
C-1
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
c
|
c
|
O
|
C-2
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
c
|
c
|
N
|
TX-10
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
c
|
I
|
LI
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
c
|
N
|
I-1
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
G
|
I-2
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
None
|
|
Public right-of-way abutting side or rear yards
|
D
|
D
|
D
|
D
|
None
|
None
|
None
|
None
|
None
|
a = Five-foot landscape strip with six feet tall evergreen hedge (as per subsection (b)(1)). b = Six-foot high fence, wood or chainlink with slats (as per subsection (b)(2)).
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c = Six-foot high ribbed metal panels (as per subsection (b)(3)).
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d = Masonry wall or fence (constructed as per subsection (b)(4)) of not less than six feet nor more than eight feet in height.
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(e) Refuse/recycling
collection areas other than single-family or two-family uses.
No refuse/recycling collection areas shall be located within the required front or street side yard or within 20 feet of any property zoned for single-family or two-family residential purposes. Refuse/recycling collection areas shall be screened from adjacent properties and streets on a minimum of three sides within a masonry wall enclosure meeting the standards of subsection
(b)(4) above. Wall height of the masonry enclosure shall be six feet or the height of the proposed refuse/recycling receptacle whichever is greater. If the refuse/recycling receptacle is a dumpster, the dumpster shall be spaced a minimum of two and one-half feet from the inside walls of the masonry enclosure, and such spacing shall be maintained by the placement of wheel stops or bollards on all four sides to center and space the dumpster within the enclosure. Such wheel stops shall be securely affixed to the pavement and shall be spaced to allow for drainage. A concrete pad shall be contained within the masonry wall enclosure and shall extend not less than 12 feet in front of the enclosure. Such concrete pad shall be paved and reinforced as specified in section
84-202(2), Table 5-A-1. Significant effort shall be made to orient the unscreened opening of refuse/recycling collection areas away from view of a public street where practical. All refuse/recycling collection areas established from and after the effective date of this amendment shall conform to the requirements of this section.
(Ordinance 1133, § 1(7-300), 3-22-94; Ordinance 1339, § III, 3-23-99; Ordinance 1443, § I, 9-26-00; Ordinance 1633, §§ I, II, 3-23-04)
(a) Applicability.
This section shall apply to all land within the city upon the
effective date of the chapter. Planned development, specific use permits
or other plans approved by city council specifically authorizing outside
sales, storage or display shall be permitted in accordance with the
provisions established at approval.
(b) Residential
uses.
In all residential districts, no open outside accessory
storage or display of materials, commodities, or machinery shall be
permitted, other than that which is incidental to the main use of
the property as a residence. The following conditions shall apply
to incidental storage and temporary residential outdoor storage:
(1) Incidental storage.
a. Permitted behind the main structure.
b. Area devoted to storage is not more than 60 percent of the required
rear yard.
c. Said area shall be kept neat and clean and free of all tall grass
and weeds.
d. Must be screened from all adjacent properties and streets in accordance with subsection
84-336(b)(1) or
(b)(2) of this article.
e. No materials shall be stacked to a height greater than the visual
screen.
f. Materials shall not be stored in a manner which would attract or
harbor vermin.
(2) Temporary outdoor storage per section
84-7 “Definitions and word usage”. (See subssection 84-85(a) for definitions and conditions associated with the use of accessory buildings in residential districts).
a. Permit required.
Homeowner must contact building official or his designee to apply for a temporary permit that will be displayed on container and identify when container shall be removed. (See section
30-8 for fee schedule)
b. Effectiveperiod.
Temporary permit valid for 30 days.
Limited to two times per year. Under extreme circumstances, applicant
may appeal to building official who may consider granting an extension.
c. Portable on demand (PODS) containers can be no larger than eight
feet x 16 feet on the ground and eight feet tall.
d. Roll-off containers can be no longer than 40 cubic yards.
e. Cannot be located in easement, alley way, street, or public right-of-way.
f. Prefer placement on paved surface. If not available, location on
unpaved surface must be approved by building official.
g. Cannot be located any closer than three feet from primary structure.
h. Container should be secured when unattended for safety reasons. The
structure must be kept clean and free of trash and debris at all times.
(c) Nonresidential
uses.
Except as otherwise specifically authorized by these codes, all outdoor sales, storage and display areas shall be located behind building lines and shall be screened in accordance with section
84-336(b)(2). Any outside storage or outside use area established after the effective date of this chapter shall be screened by a fence in accordance with section
84-336(b)(2) unless the screen is visible from public street, in which case that portion of the screen visible to the street shall be masonry in accordance with section
84-336(b)(4). Openings for access to the outside storage or outside use area shall be equipped with gates capable of screening the activities and user from view when closed. Such gates shall not be designed to swing outward towards the street. In no case may any materials be stored higher than the screening provided.
(Ordinance 1133, § 1(7-400), 3-22-94; Ordinance 1708, § II, 9-27-05)
This division specifies regulation for all freestanding fences
and walls within the city. These regulations are designed to promote
safety, preserve property value, promote the general welfare of the
city and to enhance the aesthetic quality of the community.
(Ordinance 1133, § 1(7-500), 3-22-94)
Except as otherwise provided below, these regulations shall
apply to all land within the city. These standards and administrative
requirements shall be for the purpose of regulating freestanding walls
and fences and shall become applicable as of the effective date of
this code.
(1) Exemptions.
These standards shall not apply to fences or walls that receive
specific approval in the form of a specific use permit, planned development
or approved variance. These exemptions do not imply any exception
to the permitting or variance/appeals stated within this section.
(Ordinance 1133, § 1(7-501), 3-22-94)
(a) Obstruction
prohibited.
No fence, screen, freestanding wall or other
visual barrier shall be so located or placed that it obstructs the
vision of a motor vehicle driver approaching any street, alley or
drive intersection. A visual barrier shall be deemed as any fence,
wall, hedge, shrubbery, etc., higher than 36 inches above ground level
at the property line, except single trees having single trunks, which
are pruned to a height of seven feet above ground level. (For example
see Appendix “A”.)
(b) Twenty-five-foot
visibility triangle required.
No fence, screen, wall
or visual barrier shall be located or placed where it obstructs the
vision of motor vehicle drivers approaching any street, intersection.
At all street, intersections clear vision shall be maintained across
the lot for a distance of 25 feet back from the property corner along
both streets. (For example see Appendix “A”.)
(c) Barbed
wire prohibited.
Fences constructed of barbed wire and
walls topped with broken glass or surfaced with any like material
shall be prohibited; provided, however, a security fence not less
than six feet in height may be topped with barbed wire that is located
on property not zoned for residential purposes.
(d) Electrical
fences prohibited.
No fence shall be electrically charged
in any form or fashion.
(e) Eight-foot
maximum height.
No fence in a residential district shall
exceed eight feet in height above ground level at the fence line.
(f) Emergency
ingress and egress required.
In order to allow ingress/egress
of emergency personnel and equipment, at least one gate or opening
not less than three feet in width shall be required within each fence
or wall that is adjacent to or running parallel with a public right-of-way,
alley, drainage, utility or access easement. One such opening is required
for each lot or in cases where the lot frontage is greater than 200
feet. An opening or gate shall be located not less than 200 feet to
another opening on the same property.
(g) Property
owners’ responsibility.
The construction of a fence
or wall on the property line shall not preclude the property owners’
responsibility to maintain and keep the area defined between the extension
of the property lines to the back of curb or edge of pavement free
and clear of debris and high weeds. (For example, see Appendix “A”.)
(h) Public
property.
No fence, guy wire, brace or any post of such
fence shall be constructed upon or caused to protrude over property
that the city or the general public has dominion and control over,
owns or has an easement over, under, around or through, except upon
utility easements which are permitted to be fenced.
(i) Swimming
pools.
All swimming pools shall be fenced in addition
to the requirements of the Uniform Building Code as amended and adopted
by the City of Euless. The following specifications shall apply:
(1) Private pools (single-family residence).
a. The entire pool shall be enclosed.
b. Minimum height of six feet.
c. Wood construction or approved equal.
d. The fence shall be equipped with self-closing and self-latching gates.
(2) Public pools (apartments, hotels, motels, condominiums, townhouses,
and mobile home parks).
a. The entire pool shall be enclosed.
b. Minimum height of four feet.
c. Wood or chainlink construction or approved equal.
d. The fence shall be equipped with self-closing and self-latching gates.
(Ordinance 1133, § 1(7-502), 3-22-94)
(a) Front
yards.
(1) No fence or freestanding wall greater than 36 inches in height shall
extend into the required front yard of property zoned for one or two-family
dwellings on a lot less than one-half acre in size.
(2) Decorative fencing or security fencing may extend into the required
front yard of all other property meeting the following requirements:
a. The property shall be zoned for one or two-family dwellings on a
lot one-acre or more in size, or commercial, or multifamily.
b. Fences 36 inches or more above the finished grade of the lot shall
not be more than 25 percent solid, and not less than ten feet from
the property line.
c. The primary fencing material shall be of wrought iron, exposed aggregate
tilt wall, fired masonry, approved wood rail construction or other
material approved by the city building official. (For example see
Appendix “A”.)
(3) The primary fencing material shall be of wrought iron, exposed aggregate
tilt wall, fired masonry, approved wood rail construction or other
material approved by the city building official. (For example see
Appendix “A”.)
(b) Side
fence and freestanding wall setbacks.
No fence or wall
greater than 36 inches in height shall be located less than 15 feet
from any side property line that is adjacent to a public street unless:
(1) The subject lot backs up to the rear property line of another lot,
in which case no side fence setback is required. (For example see
Appendix “A”.)
(2) The subject lot backs up to an access easement or alley right-of-way,
in which case a ten-foot visibility triangle shall be required. (For
example see Appendix “A”.)
(c) Rear
fence and freestanding wall setbacks.
Fences and walls
meeting all of the above requirements may be erected on the rear property
line except; however, lots whose rear property line abuts a public
street on which one of the immediate adjacent lots maintains its required
front yard, then no fence nor wall greater than 36 inches in height
shall be located within 15 feet of the subject lots rear property
line. (For example see Appendix “A”.)
(Ordinance 1133, § 1(7-503), 3-22-94; Ordinance 1519, § I, 1-22-02; Ordinance 1537, § 1, 6-25-02)
(a) Fence
permit required.
It shall be unlawful for any individual,
partnership, company or corporation to erect or have erected a fence
or any part of a fence of permanent construction in the city limits
without first obtaining a fence permit from the office of building
inspections.
(b) Application
for permit.
Any individual, partnership, company or corporation
making application for a fence permit must sign an application for
same showing the following information:
(1) Applicant’s name, address, and in addition, if the applicant
represents a company or corporation, the name and address of the supervisor
or foreman of said company or corporation and the name of its president.
(2) Name of owner of property.
(3) Local address where fence is proposed to be erected.
(4) Type of fence construction.
(6) Plat showing lot on which the fence is proposed to be erected, and
the location of adjoining or adjacent lots showing existing structures
and fences. The proposed fence shall be delineated by a dark heavy
line.
(c) Permit
fee.
A permit fee shall be paid prior to the issuance
of any fence permit. The fee charged shall be in accordance with city
schedule of fees.
(Ordinance 1133, § 1(7-504), 3-22-94)
(a) Variances.
The city council may appoint a board consisting of at least
five members, who, after review of the application for variance or
appeal by the city attorney for determination as to form thereof and
that same is within the purview of the authority of such board, shall
hold a public hearing in which written notification has been given
to all property owners within 200 feet of the proposed variance, may
grant a variance to this chapter where, in its opinion, the board
finds the following requirements have been met:
(1) Granting the variance will not adversely affect the interest of the
City of Euless;
(2) Granting the variance will not adversely affect the neighboring property
owners;
(3) There is, in the boards opinion, a hardship on the land, and that
hardship is not a personal or self-created hardship.
(b) Application
for variance.
Application for a variance shall be made
by submitting the following to the city planning department:
(1) Letter requesting to be heard by the board described in subsection
(a) above for a variance and a statement of the nature of variance being requested.
(2) An application fee prescribed in the city schedule of fees shall
be paid prior to any public notification or being placed on the boards
agenda.
(c) Appeals.
The board described in subsection
(a) above shall have the authority to hear and decide appeals where it is alleged there is error on any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter.
Such appeals shall be made in the manner described above in subsection
(b)(1) of this section. No application fee is required.
(Ordinance 1133, § 1(7-505), 3-22-94)